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Michelle L. Hatcher <br />February 7, 2011 <br />Page 3 <br />3. The total surface area of the groundwater exposed at the NCCI Pit #1 Pit must not exceed 9.75 <br />acres (in the dewatering trenches and ponds) during the approval period of this SWSP resulting in <br />an annual evaporative loss of 29.0 acre-feet. <br />4. The annual amount of water used at the operation shall not exceed 6.2 acre-feet for dust control <br />and the total product mined shall not exceed 600,000 tons per year below the groundwater <br />surface, resulting in 17.6 acre-feet of water lost with the product. <br />5. Total consumption at the NCCI Pit #1 Pit must not exceed the aforementioned amounts unless <br />an amendment is made to this plan. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses of this water <br />must first be approved by this office. <br />7. The applicant shall maintain daily records of all diversions, replacements, and the amount of water <br />used for each particular purpose. The applicant shall provide a report of these records to the <br />division engineer at Div1Accountinga-state.co.us and to District 2 Water Commissioner Scott <br />Edgar at Scott. Edaara-state.co.us on a monthly basis on a form approved by them. The <br />accounting must be submitted within thirty (30) calendar days of the end of the month for which the <br />accounting is being made. <br />In addition, the applicant shall submit a report from the City of Thornton. The reports shall include <br />an accounting of all replacement water controlled by Thornton, showing the total volume of water <br />under their control and the amount committed to each of the recipients of the water. <br />8. All diversions shall be measured in a manner acceptable to the division engineer. The Applicant <br />shall install and maintain such measuring devices as required by the division engineer for <br />operation of this SWSP. <br />9. All releases of replacement water must be sufficient to cover all out of priority depletions and be <br />made under the direction and/or approval of the water commissioner. The replacement may be <br />aggregated to maximize beneficial use. The water commissioner and/or division engineer shall <br />determine the rate and timing of an aggregated release. <br />10. The name, mailing address, and phone number of the contact person who will be responsible <br />for operation and accounting of this plan must be provided on the accounting forms to the <br />division engineer and water commissioner. <br />11. The approval of this substitute water supply plan does not relieve the Applicant and/or <br />landowner of the requirement to obtain a Water Court decree approving a permanent plan for <br />augmentation or mitigation to ensure the permanent replacement of all depletions, including <br />long-term evaporation losses and lagged depletions after gravel mining operations have <br />ceased. If reclamation of the mine site will produce a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed with the <br />Division 1 Water Court at least three (3) years prior to the completion of mining to include, but <br />not be limited to, long-term evaporation losses and lagged depletions. If a lined pond results <br />after reclamation, replacement of lagged depletions shall continue until there is no longer an <br />effect on stream flow.